How do I get to see a copy of my father’s Will?

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How do I get to see a copy of my father’s Will?

My brother has our adopted father’s Will. The vehicle my dad left for me and all other property is locked and/or hidden. Dad has been dead 1 year. My brother also has insurance checks to me that have gone outdated. I’m 18 years old. I can’t afford a lawyer. My brother has new truck, land, etc; he is always buying big new things. The amount of the Will has to be very large.

Asked on August 26, 2011 Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss and for your situation.  When you say that your brother has your Father's Will do you mean that he has probated the Will in court?  If the answer is yes then the Will is a public record and you have the right to view it.  If he is the executor of the Will -which I believe that he is because he has access to funds that may be in excess of his own inheritance - then he can get in to a lot of trouble for mis-handling the estate.  But you need to petition the court for his removal and you need evidence.  That may be tough for you to get on your own.  And it is hard to help here without knowing what the petition for probate says.  You can also try and find out what is going on by demanding a formal accounting through the courts.  The clerk of the court may be able to hep you obtain the forms necessary to request it.  I would also consider going to legal aid or to your local bar association and see if you qualify for pro bono services here. Or find an adult that you trust to help you. Write back if the circumstances are different from what I thought here.  Good luck. 


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